I would have thought – or hoped – that an ISP could successfully sue a spammer under CAN-SPAM by simply demonstrating that their server(s) were misused for a spam run. I would have thought wrong. Ronnie London writes in the Privacy & Security Law Blog that the bar for a successful lawsuit is higher than…
MN: Law enforcement asking for data privacy flexibility
I don’t know about you, but whenever I hear that law enforcement is asking for “flexibility” when it comes to our privacy or civil liberties, I have a Pavlovian “uh-oh” response. Brad Swenson reports: State lawmakers may consider a special category for data to allow law enforcement more investigative options, says Sen. Mary Olson. “With…
Protect worker privacy: Reading e-mail to lawyer in N.J. case went too far
This editorial appears in today’s Star-Ledger: The state Supreme Court has an opportunity to give a New Jersey employer a virtual smackdown and protect workers’ privacy. The court will decide whether an employee who corresponded with her lawyer through a personal e-mail account on a company-owned laptop was protected by attorney-client privilege. Loving Care Agency…
Orin Kerr: Does the Fourth Amendment Prohibit Warrantless GPS Surveillance?
Orin Kerr provides his analysis and views on the issue over on The Volokh Conspiracy. Does the Fourth Amendment require a warrant to conduct surveillance of a government-installed GPS device, such as a device installed on a suspect’s car to monitor the car’s location? This issue comes up occasionally, and the DC Circuit has a…